Legal Opinion
Frank v. Mracek
District Court, M.D. Alabama
Decided January 15, 1973No. Civ. A. No. 3855-NPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
VARNER, District Judge.
This cause is now submitted upon the motions to dismiss of Defendants Thompson and McLaughin, filed December 20, 1972; of Defendant Mracek, filed December 26, 1972; and of Defendant Chambless, filed January 2, 1973.
The varying factual allegations of the complaint as to the various Defendants offer a rare opportunity to consider an apparent misunderstanding of the law relating to motions to dismiss as commented upon in the opinion, Cook & Nichol, Inc. v. Plimsoll Club (5th Cir. 1972), 451 F.2d 505.1 Hopefully, an opinion in this case will lead…
2Cases cited12 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
- International Erectors, Inc. v. Wilhoit Steel Erectors & Rental ServiceCourt of Appeals for the Fifth Circuit · 1968
- Newman v. State of AlabamaDistrict Court, M.D. Alabama · 1972
- Texas Water Supply Corp. v. Reconstruction Finance Corp.Court of Appeals for the Fifth Circuit · 1953
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3Cited by3 opinions
- Martin-Trigona v. Acton Corp.District Court, District of Columbia · 1984
- Eidson v. ArenasDistrict Court, M.D. Florida · 1994
- Plante & Moran PLLC v. Andover Healthcare, Inc.District Court, D. Massachusetts · 2018